Indiana Register - January 1, 2002

Disclaimer: These documents were created from the files used to produce the official (printed) Indiana Register, however, these documents are unofficial.January 1, 2002, Volume 25, Number 4, Front Cover (PDF)

Amends 68 IAC 2-2-1 to conform the rule to a directive from the legislature by deleting the requirement that a supplier of alcoholic beverages is required to hold a supplier's license. Adds 68 IAC 2-2-9.5 requiring supplier licensees and supplier license applicants to: (1) maintain records; and (2) allow the Indiana gaming commission access to those records. Amends 68 IAC 2-3-5 to clarify who should retain possession of occupational licenses and badges at the various phases of licensure. Amends 68 IAC 2-6-6 to require a riverboat licensee requesting permission to convert an electronic gaming device to inform the commission of the regular fill amount, initial fill amount, and probe level measured from the top of the hopper. Amends 68 IAC 3-3-6 to change the date by which the riverboat licensees and license applicants must submit reports concerning the performance of their continuing obligation to meet the minority and women owned business goals established in IC 4-33-14-5. Riverboat licensees and license applicants will be required to file reports reflecting expenditures made during the previous calendar year by January 31 of the following year. Amends 68 IAC 10-2-1 to correct an error in that rule and bring the rules in line with the standard rules for the game of blackjack. Amends 68 IAC 11-2-7 to clarify that meter-reading reports need only be submitted to the commission on a monthly basis. Amends 68 IAC 11-5-1 to correct the conflict with 68 IAC 15-4-3 so that secondary chip inventories will be rotated and counted on a monthly basis. Amends 68 IAC 14 to require that all table layouts have the name of the riverboat licensee imprinted on the layout. Adds 68 IAC 14-3-8 to equire riverboat licensees to keep logs in association with card and dice removal and cancellation and to specify the requirements of those logs. Amends 68 IAC 15-2-3 and 68 IAC 15-2-4 to revise the information required to be included on Currency Transaction Reports so it will agree with the revised Internal Revenue Service Currency Transaction Report form. Amends 68 IAC 15-4 to specify the manner in which suppliers and riverboats must ship chips and tokens. Amends 68 IAC 15-4-3 to require commission approval of procedures for performing chip inventories and sealing and accessing of locked compartments used for the storage of chips or tokens. Amends 68 IAC 15-7-3 to: (1) eliminate the need for riverboat licensees to investigate variances of $500 in electronic gaming device win; and (2) to correct an error of word choice in 68 IAC 15-7-3. Amends 68 IAC 15-8-1 to require the internal audit department to include at least two on-site internal auditors and to stipulate that quarterly reports of compliance testing shall identify repeat findings and state corrective action taken to avoid similar problems in the future. Amends 68 IAC 15-8-2 to include review of the card and dice removal and cancellation logs to the duties of the internal auditors. Adds 68 IAC 15-14 to: (1) stipulate the qualifications and conditions that must be included in all engagement arrangements a riverboat makes with independent accounting agencies to perform financial statement audits; and (2) to specify requirements for notice to the commission about such audits and their progress.

Amends 312 IAC 8-2-6 and 312 IAC 8-5-3, rules that govern the public use of DNR properties. A license would be required for the release of any animal on a DNR property. Amends 312 IAC 8-5-3, so in addition to a property manager, any person authorized by the director could (subject to administrative review) restrict or reject a person from a DNR property for misconduct for a period not to exceed one year. Clarifies that a restriction or ejection can apply to all or any portion of a particular property, to multiple DNR properties, or to all DNR properties. Makes other technical changes. (The Natural Resources Commission has, however, deferred action on amendments to 312 IAC 8-2-2 by which discharge of sink, shower, or other gray water through drains onboard a boat operated on a DNR property would be prohibited.).

Amends 329 IAC 7-2-6, 329 IAC 7-11-1, 329 IAC 7-11-2, 329 IAC 7-11-3 with a new maximum score of 10 to be eligible for deletion from the Commissioner's Bulletin and adds designations that can be attained for consideration for deletion. Senate Enrolled Act 360-1997 required rules be adopted by the solid waste management board to amend 329 IAC 7 concerning the Indiana Scoring Model and assessment of hazardous substance response sites and determine a maximum score to allow sites that either have been the subject of a successful remediation or score at or below the maximum score to be removed from the priority ranking if appropriate. A procedure for deleting a listed site from the priority ranking and a maximum score was established by LSA Document #98-110(F), which was effective November 27, 1998. A maximum score of 5 was established. The procedures allowed for either a party to petition for deletion or for the agency to initiate deletion of a site. After consideration of all sites on the list, it was determined by the agency that this maximum score is inadequate to appropriately delete all the sites that have been the subject of a successful remediation. There are sites that pose no significant risk to human health or the environment but still accrue a score greater than 5. This rule amends the maximum score for a site to be removed from the priority ranking to 10 and, in addition, other approvals (designations) to be applied to a remediated site to determine appropriateness for that site to be deleted from the list have been added.

Amends for readoption pursuant to comments received under IC 13-14-9.5: 329 IAC 11-9, 329 IAC 11-11, and 329 IAC 11-14. 329 IAC 11-9 addresses solid waste processing facilities permit requirements, 329 IAC 11-11 addresses solid waste processing permit issuance, and 329 IAC 11-14 addresses quarterly reporting of solid waste processing facilities. The amendments correct language and references. This rulemaking is required pursuant to IC 13-14-9.5, which provides for the expiration and readoption of administrative rules. A rule that was adopted under a provision of IC 13 and was in effect on December 31, 1995, expires not later than January 1, 2002. All rules adopted after that date under IC 13-14-9, with some exceptions listed in IC 13-14-9.5-1, expire on January 1 of the seventh year after the year in which each rule takes effect. The First Notice of Comment Period and Continuation of First Notice of Comment Period opened all rules required to be opened in Title 329 for readoption, regardless of their initial effective date. Other comments received are being included and considered within another currently existing rulemaking.

Adds 440 IAC 9-2-4, 440 IAC 9-2-5, and 440 IAC 9-2-6 to establish standards and requirements for community mental health centers and certified managed care providers regarding acute stabilization, day treatment, and services to prevent unnecessary and inappropriate treatment and hospitalization and the deprivation of a person's liberty as part of the required continuum of care for persons needing addiction services, persons with serious mental illness, or children with serious emotional disorders.

Amends 511 IAC 5-2 to eliminate the norm-referenced test and test of cognitive skills from the Indiana statewide testing for educational progress (ISTEP) program but allow schools to continue to offer the tests at state expense.

Amends 312 IAC 8 that governs public use of DNR properties to make several changes. Included is a definition of "public road" to conform to the definition of "public highway" in IC 9-25-2-4. New definitions would be added for "snowmobile", "off-road vehicle", and "vehicle". The regulatory prohibition would be eliminated on the possession of firearms at public access sites maintained by the division of fish and wildlife. Quiet time at campsites would be extended one hour from 6:00 a.m. to 7:00 a.m. Pets would be required to be attended at all times. Vehicles could be left in DNR parking lots only while using a DNR property or adjacent public freshwater lake or navigable waterway. The receipt and pass requirements for horses would be eliminated, but the tag requirement would be retained. Questions concerning the proposed rule amendments may be directed to the following telephone number: (317) 233-3322 or e-mail address slucas@dnr.state.in.us/. Statutory authority: IC 14-10-2-4; IC 14-11-2-1.

The rule will address the detection, control, and eradication of chronic wasting disease in animals, including limiting movement of animals, requiring registration of sites housing certain species of animals, measures to control contact with wild cervidae, identification of animals, record keeping, and chronic wasting disease surveillance in herds. Questions or comments on the subject may be directed by mail to the Indiana State Board of Animal Health, Attention: Legal Affairs, 805 Beachway Drive, Suite 50, Indianapolis, Indiana 46224 or by electronic mail to ghaynes@boah.state.in.us. Statutory authority: IC 15-2.1-3-19.

The rule will amend requirements for processing, transportation, and consumer container identification for shell eggs, including updating matters incorporated by reference. Adds a definition for "fresh eggs". Addresses labeling requirements for pasteurized shell eggs. Adds a requirement for safe handling instructions for egg cartons. Makes other substantive and technical changes. Comments on the proposed rule may be sent to the State Egg Board, Poultry Building, Purdue University, West Lafayette, Indiana 47907 or by electronic mail to dsteen@purdue.edu. Statutory authority: IC 16-42-11.

Title 405 Office of the Secretary of Family and Social Services -- #01-420 (PDF)

Amends 405 IAC 1-12 to establish Medicaid reimbursement criteria for certain community residential facilities for the developmentally disabled (CRFs/DD) licensed as small extensive medical needs residence for adults. Sets a limit of 12 hours per resident day for staffing costs for a facility that is exclusively for adults with extensive medical needs. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-32-2.

Title 405 Office of the Secretary of Family and Social Services -- #01-421 (PDF)

Amends 405 IAC 1-12 to establish Medicaid reimbursement criteria for certain community residential facilities for the developmentally disabled (CRFs/DD) licensed as small extensive behavioral needs residence for adults. Sets a limit of 12 hours per resident day for staffing costs for a facility that is exclusively for adults with extensive behavioral needs. Statutory authority: IC 12-8-6-5; IC 12-15-1-10; IC 12-15-21-2; IC 12-15-32-2.

Amends the definition of "community residential facility for persons with developmental disabilities" in 431 IAC 1.1-1-2 to add a new category for the following type of services: small extensive medical needs residence for adults. Statutory authority: IC 12-28-5-19.

Amends the definition of "community residential facility for persons with developmental disabilities" in 431 IAC 1.1-1-2 to add a new category for the following type of services: small extensive behavioral needs residence for adults. Statutory authority: IC 12-28-5-19.

Adds 540 IAC 1-1-7.5, 540 IAC 1-1-10.5, 540 IAC 1-1-11.6, and 540 IAC 1-1-16.5 to define certain words and phrases used in the rules of the Indiana education savings authority. Adds 540 IAC 1-8-3.5 concerning the manner in which a contributor, other than the account owner, may make a contribution to the account of the account owner. Adds 540 IAC 1-9-2.5 concerning the reasons for which an account may be administratively canceled by the program administrator as directed by the board. Adds 540 IAC 1-9-2.6 concerning the delay of program benefits due to the interruption of academic period attendance by the beneficiary and notification to delay program benefits submitted to the authority by the account owner. Adds 540 IAC 1-9-2.7 concerning the cancellation notice and procedure required by the authority when administratively canceling an account. Adds 540 IAC 1-10-4 permitting a rollover of an account as directed by the account owner. Amends 540 IAC 1-1-3, 540 IAC 1-1-4, 540 IAC 1-1-6, 540 IAC 1-1-7, 540 IAC 1-1-9, 540 IAC 1-1-11.5, 540 IAC 1-1-12, 540 IAC 1-1-13, 540 IAC 1-1-14, 540 IAC 1-1-16, 540 IAC 1-5-1, 540 IAC 1-6-1, 540 IAC 1-8-1, and 540 IAC 1-8-2 to simplify and clarify the language of those rules. Amends 540 IAC 1-7-1 to remove the administrative fee charge when a new account is opened. Amends 540 IAC 1-7-2 concerning the manner in which the administrator fee charge is computed and allocated to participants. Amends 540 IAC 1-8-4 to permit the board of the authority to establish a methodology or formula for establishing the maximum account balance. Amends 540 IAC 1-9-1 to remove the administrative fee charge for cancellation of an account. Amends 540 IAC 1-9-3 concerning refunds due to cancellation by an account owner and to permit an account owner to direct refunds due to the beneficiary. Amends 540 IAC 1-10-1 limiting benefit payments to be made only once a month and subject to a minimum distribution amount. Amends 540 IAC 1-12-2 authorizing an account owner or beneficiary to direct the investment of account contributions and earnings. Repeals 540 IAC 1-3-2, 540 IAC 1-5-2, 540 IAC 1-6-2, 540 IAC 1-7-3, 540 IAC 1-8-5, 540 IAC 1-8-6, 540 IAC 1-8-7, 540 IAC 1-9-2, 540 IAC 1-20-1.5, 540 IAC 1-20-1.6, and 540 IAC 1-20-3. Public comments are invited. Comments by the public should be sent to: Indiana Education Savings Authority, One North Capitol, Suite 444, Indianapolis, Indiana 46204. Statutory authority: IC 21-9-4-7.

Amends 675 IAC 21, the safety code for elevators, escalators, manlifts, and hoists, to make substantive and technical changes, including changes to reference updated standards. Public comments are invited and may be directed to the Department of Fire and Building Services, Attention: Technical Services, 402 West Washington Street, Room W246, Indianapolis, Indiana 46204 or by e-mail at eblakey@sema.state.in.us. Statutory authority: IC 22-13-2-2; IC 22-13-2-8; IC 22-13-2-9; IC 22-13-2-13.

Revise the seller's residential real estate sales disclosure form. Allow continuing education courses once approved through continuing education sponsors to be used by other sponsors without further approval. Establish the requirements and procedures for the listing and selling principal broker to release earnest monies when one or more parties to a contract intends not to perform. Questions or comments concerning the proposed rules may be directed to: Indiana Professional Licensing Agency, Attention: Staff Counsel, 302 West Washington Street, Room E034, Indianapolis, Indiana 46204-2700. Statutory authority: IC 24-4.6-2-7; IC 25-34.1-2-5; IC 25-34.1-2-5.1; IC 25-34.1-9-21.

Adds 312 IAC 5, concerning rules that govern the operation of watercraft on public waters in Indiana, to establish restrictions on Prairie Creek Reservoir in Delaware County. A speed limit of 20 miles per hour would be established for all watercraft. Motorboats would be prohibited from towing water skis and similar objects north of a line extending westerly from the bridge over Huffman Creek on County Road 560 East (also known as Gates Road).

Amends 312 IAC 2-4-3 that governs petitions to establish site-specific rules for the licensing of fishing tournaments and other organized watercraft activities to delete a provision with respect to special terms and conditions. Amends 312 IAC 9 that governs fish and wildlife to delete a rule section (312 IAC 9-2-7) that describes a prohibition on unlawful taking or possession of endangered species in favor of a statutory section (IC 14-22-34-12) that describes the same prohibition. Modifies numerous cross-references.

Title 405 Office of the Secretary of Family and Social Services -- #01-372 (PDF)

Amends 405 IAC 5-24-4 and 405 IAC 5-24-6 to revise reimbursement policy for pharmacy services in the Medicaid program. NOTE: 405 IAC 5-24-4 and 405 IAC 5-24-6 were amended by LSA Document 01-22(F), printed at 25 IR 60. However, that final rule was preliminarily enjoined pursuant to an order issued on October 9, 2001, in the Marion Superior Court, Cause No. 49D05-109-CP-1480, and those changes not implemented.

Amends 675 IAC 14-4.2, the 2001 Indiana Residential Code, so as not to be in conflict with provisions of the 2002 Indiana Electrical Code, 675 IAC 17-1.6. Adds 675 IAC 17-1.6, which adopts by reference and amends the 2002 National Electrical Code as the Indiana Electrical Code, 2002 Edition. Repeals 675 IAC 17-1.5.

The Indiana Department of Environmental Management (IDEM) has developed draft rule language for amendments to rules concerning storm water discharges under 327 IAC 5 and on the development of a new rule under the 327 IAC 15 general permit rule program to add the federal requirements for Municipal Separate Sewer Systems (MS4s). By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and any other provisions of Title 327 that may be affected by this rulemaking.